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GPL 3 to Take Hard Line on DRM

sebFlyte writes "ZDNet is reporting that Eben Moglen, the FSF's lead lawyer and the co-authour of GPL3, has explained that DRM is 'fundamentally incompatible' with the aims of the FSF and will be given short shrift in the latest version of the free software licence, which bans the use of 'digital restrictions' in GPL3 governed software. In his words: 'I recognise that that's a highly aggressive position, but it's not an aggression which we thought up. It's a defence related to an aggression which was launched against the people whose rights are our primary concern... We don't want our software used in a way which batters the head of the user to please somebody else. Our goal is the protection of users' rights, not movies' rights.'" We discussed the new GPL on Monday.

94 of 574 comments (clear)

  1. Sony fiasco related? by PIPBoy3000 · · Score: 4, Insightful

    I wonder if Sony's DRM screw-up and evidence that GPL'ed code was in their DRM software played any role in this rather firm approach.

    1. Re:Sony fiasco related? by AdamWeeden · · Score: 4, Insightful

      I would doubt it considering that they had already violated the GPL by not releasing their source. Why would an extra GPL violation matter?

      --
      I was quoted out of context in my autobiography...
    2. Re:Sony fiasco related? by smittyoneeach · · Score: 4, Interesting
      Oh, I think the Sony DRM roll was just one point along a lengthy path.
      Andy Oram had a nice blog entry on the whole topic, in particular, towards the bottom:
      I hope FSF spokesperson Peter Brown is right in saying that we have a great opportunity to explain the benefits of freedom to the public over the coming year. I also sympathize with his claim that one must use the term "freedom" instead of focusing on "open source."
      But opponents of the "open source" terminology always caricature the term and its supporters. Those who pushed for open source have promoted its ethics and community benefits just as free software proponents have. The virtue of "openness" as a general principle is powerful, and has brought people out on the streets in many countries.
      I admit that the words "open source" do not slam the ethical challenge down on the table the way the word "freedom" does. But "open source" has helped free software spread to far more places in business and public organization. Now many more people have something to defend when the free software proponents warn them they're in danger of losing it.
      The GPL is swell. I can agree that abdicating freedom through the use of proprietary software is stupid. Deeming the sale of such "unethical" seems subjective. More generally, fretting about the motives of others seems a collosal distraction. I dunno.
      I wonder if the Free Software and Open Source communities don't have greater effect in combination than either would have had in isolation.
      I also wonder if the chief benefactor of all the theological thumb-wrestling isn't sitting in Redmond.
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    3. Re:Sony fiasco related? by Firehed · · Score: 4, Insightful
      Well, the problem is that a good deal of people/companies that are likely to release under the GPL wouldn't haven the funding to start a legal battle, even if they find their GPL'd code being used in a way that violates the agreement. And that's a big "if".

      Certainly it's enforcable. Moreso than most agreements or contracts. But it's almost impossible to track down someone in violation, and quite unlikely you'll have the funding to do anything about it. I'm not sure how many banks give out loans to cover lawyer fees in order to file a lawsuit.

      --
      How are sites slashdotted when nobody reads TFAs?
    4. Re:Sony fiasco related? by phiwum · · Score: 4, Insightful

      "They didn't come after any of these people, they're just singling us out because we're more profitable" becomes a defense.

      How could that be a defense? Copyright isn't like trademark: a holder can selectively enforce his copyright if he chooses.

      Besides, I believe that a number of GPL infringements were stopped by the threat of lawsuit. So, at least certain would-be defendants wanted to avoid court.

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
    5. Re:Sony fiasco related? by kwalker · · Score: 4, Insightful

      GPL violations aren't "punished" like other violations are. Generally the restitution involves releasing the source to the modified GPL binaries a company releases. That's all most authors of GPL'd software are really after. That and a promise to not violate again. They don't go for big court settlements.

      --
      ... And so it comes to this.
    6. Re:Sony fiasco related? by mrchaotica · · Score: 2, Informative
      I'm not sure how many banks give out loans to cover lawyer fees in order to file a lawsuit.
      Banks don't do that; lawyers themselves do. Look up "pro bono" and "contingency."
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Sony fiasco related? by 2b · · Score: 4, Informative
      I don't remember seeing any example of anyone being punished for it. Are there any such examples?
      The GPL is very enforcceable, but I'm not sure what you mean by "punished". Harald Welte(sp?) has won some legal victories over companies that were distributing his code in violation of the GPL - see http://www.gpl-violations.org/ for more info. The FSF also has a GPL compliance lab which has successfully enforced the GPL although they tend to work behind the scenes so I don't know if they have any public examples of the work that they've done.
    8. Re:Sony fiasco related? by oringo · · Score: 2, Funny

      even if they find their GPL'd code being used in a way that violates the agreement.

      I say let's DRM all the GPL'd source codes with digital signature and make all GPL'd programs send usage information to FSF so that they can catch the bad guys!

  2. My problem with DRM... by shinma · · Score: 3, Insightful

    I'm conflicted, to be honest.

    As a writer, I'd like to be paid for my work. I'd rather not make it easy for people to redistribute my work without compensating me.

    As a consumer, I'd like open access to the things I purchase.

    Argh!

    --
    Shinma
    1. Re:My problem with DRM... by Otter+Escaping+North · · Score: 5, Insightful
      As a writer, I'd like to be paid for my work. I'd rather not make it easy for people to redistribute my work without compensating me.

      I'm a writer as well, and a believer in the rights of content owners to be compensated.

      I think it's been proven time and again, though, that DRM is a failed concept that actually hinders consumers more than it thwarts pirates.

      Rights and compensation for copyright owners is an issue. DRM is not the answer.

      --
      Running Windows^H^H^H^H^H^H^H OSX and Linux in the home. (I don't have time for Solitaire any more.)
    2. Re:My problem with DRM... by cronius · · Score: 3, Informative

      If you really appreciate writing, wouldn't you want as many as possible to have access to and read your books, even if the majority didn't pay you? (In contrast to only a few/lesser reading your works, but everyone reading them also paid you.)

      --
      Life is Reality
    3. Re:My problem with DRM... by Anonymous Coward · · Score: 5, Funny

      Sounds to me like you should look a distribution method called a "book".

      1) Harder to copy than a web-accessible PDF
      2) Conveniently sold in stores across the country.
      3) Open access by flipping pages.

    4. Re:My problem with DRM... by thePowerOfGrayskull · · Score: 2, Insightful

      My problem with DRM is that we've all bought into calling it "DRM" instead of URR ("User Rights Restriction") or some other more accurate appellation.

      That being said, I suffer from the same dilemma.

    5. Re:My problem with DRM... by Angostura · · Score: 2, Insightful

      DRM is not a single monolithic entity in my opinion. There are many ways of implementing DRM schemes stupidly, but that doesn't mean that non-stupid DRM systems can't be devise. You say 'DRM is a failed concept that actually hinders consumer' yet, no-one seems to be particularly hindered by the DRM in iTunes, and it thwarts pirates sufficiently to make the publishers comfortable.

    6. Re:My problem with DRM... by xtracto · · Score: 2, Interesting

      What about this. (this idea just ocurred to me, it may be totally stupid, but...)

      You may write a book, a darn good book. OK?

      You publish it on your page, in PDF format with mega-ultra-super-l33t DRMcryption. If someone wants to have it then it will cost $xx.yy (you put your price).

      Then, you tell the people this: "My time an effort to write this book was ZZ hours + NN HeadBangs. So after I recover $KKKK.KK I will make the book available without all the hazzles(DRM). " you could even make it free, as you have earned what you thought was right.

      That way, people that really want to read your book, will buy it. And, after you have earned what you wanted for that book you would not care for what people do with it.

      Well, as I said, it seems feasible... maybe if you change PDF for MP3 (or a DRMd WMV) a musician could do that, sell its music via iTunes, and make a public statement, "after selling NN number of [virtual] CD's the improved version will be offered to people that buy the song" and then, you just put a .FLAC, OGG and MP3 torrent in your site (of course after you have earned what you wanted.

      Sounds fair to me.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    7. Re:My problem with DRM... by Elvis+Parsley · · Score: 2, Insightful

      Um...no. I'm disagreeing, rather strenuously. For example, how would you react if your boss came into your office and said "Everybody loves the widget-processing QA procedure you wrote. That should make you happy, so we won't be paying you this week." Creation for creation's sake is all well and good and I'm certainly grateful to the people who do that, but it's narrow-minded to think that that's the only reason new ideas can and should be created, and it's particularly selfish for someone to impose that mindset on a creator. Some people will create purely for the joy of creation or for the validation of other people using their work. Some might not regard it as truly validating unless other people are willing to make an effort (that is, spend some of their hard earned cash) on their work. Some create to put food on the table and keep a roof over their head.

    8. Re:My problem with DRM... by MoxFulder · · Score: 4, Insightful

      It's true that iTunes DRM is some of the least obnoxious in terms of the practical restrictions it places on the user...

      BUT you're still entirely at the mercy of Apple. If they go out of business, or get bought out, or become more evil/greedy, then they can impose new restrictions on the use of their products.

      And while iTunes DRM does stop average Joe's from pirating songs, there's software out there to crack it, and it works.

    9. Re:My problem with DRM... by doofusclam · · Score: 5, Insightful
      no-one seems to be particularly hindered by the DRM in iTunes


      I'd disagree with this. I have a music server that serves Foobar2000 on my windows PC, Amarok on my Linux HTPC and Music Player Daemon/Icecast so I can listen to my CDs at work. Much as i'd love to buy from itunes occasionally their DRM stops me from just dropping the tunes on my Linux server and using them as I see fit.

      The same goes for the audiophile types who spend 30k+ on home music server systems for the same reasons - Apples DRM prohibits them from using their legally bought music as they see fit.

      Back to P2P again then...
    10. Re:My problem with DRM... by swillden · · Score: 5, Interesting

      As a writer, I'd like to be paid for my work. I'd rather not make it easy for people to redistribute my work without compensating me.

      Here's another writer's view on the issue. The whole essay is worth reading, but his second-to-last paragraph sums it up pretty well:

      The future can't be foretold. But, whatever happens, so long as writers are essential to the process of producing fiction -- along with editors, publishers, proofreaders (if you think a computer can proofread, you're nuts) and all the other people whose work is needed for it -- they will get paid. Because they have, as a class if not as individuals, a monopoly on the product. Far easier to figure out new ways of generating income -- as we hope to do with the Baen Free Library -- than to tie ourselves and society as a whole into knots. Which are likely to be Gordian Knots, to boot.

      And Eric Flint and other authors are putting their money where their mouth is: The Baen Free Library offers full, unabridged novels for free download, in multiple formats, with no DRM. Once they've gotten you hooked with that, the Baen Webscription site offers books for sale, for low prices, also in multiple formats and with no DRM.

      Baen has also put CDs in the backs of several recent hardcover releases, containing other books from the same author, books from other authors that readers may like to try, plus high-resolution copies of cover artwork (without the book title or other text -- just the art). The CDs not only include no DRM, but they also have a statement printed on the label that *encourages* the sharing of the content with friends and family. Baen does ask that you don't distribute the content to the whole world, but has never sued anyone over it. There was one fan of David Weber's Honor Harrington series who put the full text of all of the Harrington books on his web site. Jim Baen found out about it, but rather than threatening a lawsuit, he simply sent the fan an e-mail and explained how the fan's actions were counterproductive and damaging. The fan promptly took the material off-line.

      Baen has also recently started doing something new, too. They're now offering "Advance Reader Copies" of new books. These are unproofed versions of books that are going to be released in coming months. Serious fans buy them both because they don't want to wait for the release and also because there's something cool about reading their favorite authors' work in it's "raw, unpolished" form -- it's basically straight from the author's word processor. The advance copies start out at $15 and decline in steps as the publication date approaches. After release, of course, you can buy the final version for about $4.

      Oh, and everything is in multiple formats, with absolutely no DRM.

      This is innovation in publishing, and this is the sort of thing that can build a sufficiently large and loyal fanbase so that piracy is simply irrelevant.

      According to Jim Baen, the experiment has been extremely successful and profitable. Not only has it increased the sales of their current top authors, it has also allowed them to publish -- and profit from -- lots of their back catalog that would otherwise be impossible to publish.

      I know that I, personally, have spent *way* too much money on Baen books over the last two or three years. If there are others like me, and I'm sure there are, it's no wonder Baen is doing well.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    11. Re:My problem with DRM... by Kadin2048 · · Score: 3, Insightful

      The iTunes DRM isn't obnoxious because most users don't have it applied to a large percentage of their music files. I have thousands of songs on my Mac at home, but only a small handful are "protected" ones. Why? Because most songs were ripped directly from CDs. I'm fairly certain that I'm a typical user in this regard.

      But let's imagine for a moment that Apple changed iTunes so that it would only play music that was protected, and it would only rip music from a CD, into the protected format. Suddenly their "unobtrusive" DRM would become a real thorn in everone's collective side.

      The iTMS DRM is only acceptable because it's something that most people run across occasionally -- when they really want a new song and don't mind paying a dollar for it, or they had a bunch of those free-song Pepsi caps. Imagine that implemented across your entire music library and I think you'd have a different opinion.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    12. Re:My problem with DRM... by maynard · · Score: 3, Insightful

      No. He probably wants to get paid for work so he can eat, buy a house, and put his kids through school. Society needs some balance between paying people for their work and some means of fair use in order to freely disseminate scholarly and artistic works without corporate intervention. DRM is an obnoxious "solution" to that problem, primarily because it destroys any sense of balance by relegating power in private corporate hands away from the elected public sphere. But that doesn't making finding some legal balance unnecessary. Writers, programmers, photographers, musicians et all still need to eat. The fallacy is in believing that a technical solution in the private sector to this social and legal problem can be found without interfering with the rights of the citizenry for representation. JMO...

    13. Re:My problem with DRM... by squoozer · · Score: 2, Informative

      I am also confilicted on this matter, or at least I was. I have written my fair share of material which I want people to read and enjoy. I admit that most of the material I have written I have done so in order to draw people to my website so that I can make money off them but that doesn't really change the issue regarding copyright.

      I made the decision to release my work without any form of DRM but a clear copyright notice which grants certain additional rights such as the right to print out a copy of the work. My thinking is this: I don't want to restrict and annoy the vast number of people that aren't doing anything a reasonal person wouldn't do with the work. If someone is redistributing the work without permission or passing it off as their own there are existing laws in place to punish these people and I will persue this path.

      Perhaps I am living in a dream world but I hope that by treating my consumers in a mature manner they will in turn respect my work more.

      --
      I used to have a better sig but it broke.
    14. Re:My problem with DRM... by jguthrie · · Score: 2, Insightful
      Back when I owned my own business, it was so totally cool to have the letter carrier deliver a fistful of checks in the mail. That was an explicit validation that other people valued what I was doing. In addition to the very real practical considerations of rent and such, it was an egoboost of the first magnitude.

      The thing is, there are practical considerations. People need food and shelter to survive and materials to create whatever it is they're driven to create. The people who produce the food and shelter and materials needed to create stuff deserve to be compensated for their time. (Time is, after all, the only real wealth you've got.) That means that if you want to just create full time, you need to somehow derive at least the cost of your expenses from your creations. I don't think that reasonable people will disagree with this. The questions that have to be asked are these: "What is a fair way for creative people to be reasonably compensated for their creations?" and "What is the correct balance between the requirement that the creator be compensated for his time and the purchaser, who should get something for what he gives up, as well as society as a whole?"

      That last bit, the one about what society gets, is actually quite an important issue, and one which hasn't get nearly enough attention over the last century or so. It is that benefit which is what encouraged the creation of the whole concept of "intellectual property" in the first place. The idea is that once the creator has been fairly compensated for his effort, then society can take that creation and make other ideas.

      On the other hand, people should be allowed to give their stuff away. That's where the various free and open-source licenses come from. They make it easy for people to do just that.

    15. Re:My problem with DRM... by symbolic · · Score: 2, Insightful

      If my users can switch to a similar project in the future with a less strict license than mine, then I'll loose them.

      I'm not sure most
      user
      will care- they'll treat your software just like they treat other copyright/licensing issues. The real threat might be to other programmers (maybe your project a library of some kind), but as for users...they'll go with whatever allows them to get what they want, licenses or copyrights notwithstanding.

    16. Re:My problem with DRM... by MBGMorden · · Score: 4, Informative

      I quit buying iTunes songs because of their DRM. My car CD player will play a disc full of MP3's just fine. I can fit around 12 hours of music on a CD by burning MP3's to it.

      Apple's DRM only lets me make a Redbook-audio format CD, thus reducing my CD capacity by almost 90%. All becaues of ARTIFICIAL limitations. I could technically burn it to redbook first, then rerip back to MP3, but that hassle simply isn't worth it.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    17. Re:My problem with DRM... by Nahor · · Score: 2, Informative
      I know that I, personally, have spent *way* too much money on Baen books over the last two or three years. If there are others like me, and I'm sure there are, it's no wonder Baen is doing well.

      Same here. I first read their free books, then I started to buy. I currently have 160+ books from them, 75 of which were bought. They are nearly my sole source of leisure reading material.

    18. Re:My problem with DRM... by Otter+Escaping+North · · Score: 3, Insightful
      So how comes the FSF can be pro-law but anti-DRM, given that they are different ways to achieve the same goal of copyright protection?

      You don't have to support a strategy just because it has a legitimate goal. DRM does not prevent piracy and often infringes upon a consumer's legitimate uses. It is now creating security issues.

      So, we've crossed the spectrum from ineffectual, to annoying, to dangerous. It's not good enough that it was originally supposed to be about respecting the law.

      Noble goals are not enough, and the ends to not justify the means.

      --
      Running Windows^H^H^H^H^H^H^H OSX and Linux in the home. (I don't have time for Solitaire any more.)
    19. Re:My problem with DRM... by MoxFulder · · Score: 4, Interesting
      You nullify the point you were trying to make with your closing statement. An effective argument does not contradict itself.
      I contradicted myself nowhere! Saying something is ineffective does NOT mean it's not unjust. I think that Soviet-style communism is a stunningly bad way to run a government (so much so that's it's collapsed in most of the countries where it was tried), but that doesn't mean it's not unjust and worth fighting against.
      This is why so many anti-DRM types come off as reactionary, there is ALWAYS a way around the protection for thse inclined to find and use it, so DRM is NOT A BIG DEAL.
      The fact that a crack is found for almost all DRM does not make my anti-DRM arguments invalid.

      DRM is more than a technical measure these days. It is also a legal measure. You can be charged with a crime for distributing a DRM crack (e.g. Skylarov, DVD Jon), even if the DRM is hopelessly insecure from a technical perspective.

      Furthermore, cracking DRM takes time and needlessly wastes resources. Lots of users don't know how to get the cracks. Plus the cracks typically only run on systems with well-documented operating systems. To my knowledge no one has released an iTunes DRM crack that actually runs *on the iPod*. So even if DRM is cracked on desktop computers, it can still render a lot of portable devices nearly useless if the original vendor turns evil.

      The way I see it, the worst examples of DRM (I would not include iTunes in that group) constantly harass users, even if they're easily circumvented. Imagine if books had DRM, for example: your hardback books would lock themselves shut unless you plugged them into the phone line for a few seconds to open them. Even if there was an easy hack, you'd still be paying the publishing company to put that crap in the book in the first place.

      My point is: DRM places an economic and legal burden on consumers even if it's easy to circumvent.
  3. Linus' thinking by cronius · · Score: 2, Interesting

    I bet Linus is grateful he didn't put ".. or later" in the Linux copyright. These kind of political doings seems like exactly the thing he'd be against.

    --
    Life is Reality
    1. Re:Linus' thinking by Al+Dimond · · Score: 4, Interesting

      On your last point I agree; the "or later" clause to me means that anyone could choose to distribute so-licensed software under the terms of GPLv2 or GPLv3. But IANAL and there might be some other effect.

      I don't think, however, that GPLv2 expresses the FSF's political views in the same was that GPLv3 does. GPLv2 restricts only the ways that derivative works can be distributed (they must be distributed with source). GPLv3 also appears to restrict the function of your derivative works (they cannot be used for DRM). And I think it means that using GPLv3 on your own servers to facilitate DRM is also not allowed (might be wrong on that one though) which would make it an end-user license.

      GPLv2 expresses FSF's views on software distribution, while GPLv3 expresses FSF's views on software function. There is a big difference, and it could cause a lot of problems in the Free Software community. I can't say I agree with the changes in GPLv3, as someone that often waffles between preferring BSD-style licenses and GPLv2-style ones.

  4. Wonderful by KarmaOverDogma · · Score: 5, Interesting

    It's good to see someone with some amount of clout taking a stand against unreasonable constraint of fair use rights. I just hope that this becomes a catalyst in a chain reaction of rebellion against DRM, which manages access in the same way that a jail manages freedom (my apologies to the /.er who I took this .sig from - cant recall his/her name).

    --
    uR iGn0ranc3, Their Power
  5. GPL3 players for DRMed media illegal then? by amigabill · · Score: 4, Insightful

    So it won't be legal for someone to write a media player for someone else's media content that comes with DRM, and release this media player under GPL3? Sure, other licenses can be used for such things, but now such projects cannot benefit from other aspects of GPL3.

    1. Re:GPL3 players for DRMed media illegal then? by KiloByte · · Score: 4, Insightful

      Why? Of course, you are allowed to write such a player (although certain laws like the DMCA can be a blocker). What you won't be able to is taking someone's player, encrust it with your DRM and distribute it without providing the key. GPLv3 just closes the loophole where someone can try to claim that the decryption key doesn't belong to the source.

      If you read GPLv2 as intended, this was already the case in that version -- source that can't produce functional binaries is not the real source; GPLv3 just amends the wording so shifty lawyers can't play word games.

      GPLv3 is not perfect and it has many warts, so bad that I would go Linus' way (pure v2) at this moment, but the DRM clause is one of its stronger upsides.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    2. Re:GPL3 players for DRMed media illegal then? by _xeno_ · · Score: 4, Informative
      GPLv3 is not perfect and it has many warts, so bad that I would go Linus' way (pure v2) at this moment, but the DRM clause is one of its stronger upsides.

      The GPLv3 isn't finalized. The Slashdot blurbs haven't really made this clear, but the current version is a draft. It's allowed to have warts. If you have issues with it, comment on them! The GPLv3 is still a draft. Changes can happen. Get involved. Be heard. It's an open process.

      --
      You are in a maze of twisty little relative jumps, all alike.
    3. Re:GPL3 players for DRMed media illegal then? by flood6 · · Score: 3, Insightful
      It's about user freedom, not distributor freedom.

      Except users will no longer have the freedom to build DRM software using GPL'd code. I realize my point sounds a little idiotic, but I've heard RMS make the point himself that the reason there aren't any clauses in the GPL about code not being used to manage missile silos, distribute kiddie porn, or in Oregon logging companies is that everyone will have their own political agenda and no one will be able to agree, thus making the idea behind free software somewhat pointless. No political statements other than making software free, not freeing the movies, books, and sony CDs.

      I hate to sound like I'm defending DRM, but the whole reason I support free software is because there isn't a whole lot to disagree with. You don't have to be as extreme as RMS to support free software. But it sounds like soon you'll have to be anti-DRM to use the latest GPL. Forgive my crying "slippery slope", but what's next? Oil companies can't use it? Republicans can't?

      I like free software, I don't like free* software.

      *some exceptions to freedom may apply

    4. Re:GPL3 players for DRMed media illegal then? by mabhatter654 · · Score: 2, Interesting
      What several posters have pointed out... the anti-DRM clause covers the souce, not the media files protected. In other words. You CAN use a GPL program for DRM... but... You MUST release the source under the same conditions as the player... [i.e. you can't require extra restrictions on the source of a public program like NDAs] Also, you cannot encrypt the source.. or if you encrypt it [in means of a private user contract] you must include the key to the souce code.


      A misconception so far is that you CAN'T use it for DRM... you can. [obviously, otherwise you couldn't encrypt passwords, use SSL or many other things we do everyday.. those are all "DRM" too] People must have the real source [but not necessaraly the keys to the files] and if they use it to figure out the key for your DRM'd files you can't sue them for "breaking the lock."


      This puts DRM in the same class as SSL or RSA... the source is open, your're more than welcome to TRY to break it if you can.... But just like intruding on a private SSL connnection would be illegal so would distributing the files after you unlock them. essentially it's not that big of a deal.

  6. What does Linus think? by tdvaughan · · Score: 2, Insightful

    This is assuming Linus even likes the new GPL. As far as I can tell, he's not too sympathetic to RMS's values anyway.

    1. Re:What does Linus think? by swillden · · Score: 3, Insightful

      This is assuming Linus even likes the new GPL. As far as I can tell, he's not too sympathetic to RMS's values anyway.

      It doesn't really matter what Linus thinks, at least not with respect to Linux. Since all of Linux is licensed under GPLv2 _only_ (not GPLv2 or later, as suggested by the FSF), Linux couldn't be relicensed under GPLv3 without the permission of every person who has code in it. Linux contains contributions from thousands of programmers. Locating all of those people (or their heirs) to acquire all the necessary permissions is impractical at best.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  7. Re:Signed packages by KiloByte · · Score: 5, Informative

    I demand that Red Hat immediately hand over all their private keys!

    Wrong. GPLv3 says that you need to provide all keys needed to make the software functional for its intended purpose, not the keys needed to make a bit-for-bit identical package.

    Thus, if your piece of software is supposed to be able to read scrambled data, you cannot hide the decryption key -- but, you are free to sign the packages to prove they are untampered binaries produced by you. In the former case, the program wouldn't work, in the latter, it just will trigger a warning from the OS which says the user is about to install unsigned binaries. No one forces the user to heed the warning, and she can disable it if she wants. No functionality is lost.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  8. Security ramifications? by SIGBUS · · Score: 2, Interesting

    Aren't file permissions in *ix and Windows systems a form of DRM? Does the GPLv3 distinguish between DRM that you control (file permissions and such), vs. DRM controlled by others (Hollywood's wet dream)?

    --
    Oh, no! You have walked into the slavering fangs of a lurking grue!
    1. Re:Security ramifications? by orac2 · · Score: 2, Interesting

      Sure, Apple will tell you today how to get root, but they could stop doing so tomorrow if they wished, and I'd be right back to relying on a 3rd party to circumvent those permissions. And even if CSS keys became freely available, CSS software would not magically stop being DRM software.

      The intent of permissions vs. the intent of CSS is not the issue. The issue is whether or not all DRM is bad. You're making an interesting case that would allow people to distinguish between good DRM and bad DRM (and so perhaps engage in useful lobbying against the later), but not that permissions are instrinsically technically seperate from DRM -- as you point out, your argument for differentiation substantively relies on "legal issues" not technical ones. In my examples of Apple above concealing the root instructions and CSS keys becoming available, not a bit of software has changed, but they've still swapped places on the good/bad divide due to factors entirely external to the software. Thus attempting to 'hardcode' anti-DRM language into a universal software license seems problematic, and more a relic of AI Lab thinking, circa 1970, than something appropriate for the networked world.

      --
      "Just once, I'd like to meet an alien menace that wasn't immune to bullets." -- The Brigadier, Dr. Who
  9. why is this necessary? by l33t-gu3lph1t3 · · Score: 2, Interesting

    I don't get the point... no company in their right mind would write open-source DRM software already, so other than idealistic sentiment, why is this addendum necessary? If the aim is to ensure that no GPL'd code ever makes it into DRM software, isn't this going against the whole notion of the GPL to start with? I thought the free software movement was about increasing the quality of code in the world by cooperation.

    --
    ------- "From bored to fanboy in 3.8 asian girls" ----------
    1. Re:why is this necessary? by tpgp · · Score: 4, Interesting

      Here's an interview with Richard Stallman discussing Linus's decision to include DRM in the linux kernel.

      And here's a post from linus on the kernel mailing list (thread "flame linus to a crisp") talking about DRM in the linux kernel.

      So there you go GPLed DRM.

      --
      My pics.
    2. Re:why is this necessary? by dazedNconfuzed · · Score: 2, Insightful
      So even an unrelated Linux box used in the movies production becomes a violation. It is not just the software that contains the DRM its all GPL 3 code inside your organization that becomes a violation.


      Then it's goodbye, Linux.


      If your assertion is correct, then GPL3 is worse than DRM: DRM controls your use of particular content; GPL3 controls your use of completely unrelated software. Not being able to watch my DVDs on my Linux box is annoying; not being able to use any DVD player (hard- or soft-ware) because I sometimes & independently use Linux will result in me getting rid of Linux, not my DVD players. On a larger scale, a DRM-xor-GPL3 dilema for movie houses (or anyone remotely using DRM in any form) will get the GPL3 products dumped in a heartbeat - basically suicidal for Linux. Considering how DRM is defined, that some software-control technologies are vital and perfectly reasonable in some industries (mine), far more may get lumped in the "DRM" definition and knock OSS out of most commercial use. Dumb beyond words.

      --
      Can we get a "-1 Wrong" moderation option?
  10. Shooting yourself in the foot? by Turn-X+Alphonse · · Score: 3, Insightful

    I know we all hate DRM but a lot of businesses see this as the future, if the GPL instantly cuts DRM out then the OSS community maybe limiting it's growth in the business world. I understand the GPL is a "play nice" style licence, but when you outright ban use of your software to any coompany using DRM you may well turn a lot of important areas away, so in the end you end up as a small time group instead of people who changed the world.

    --
    I like muppets.
    1. Re:Shooting yourself in the foot? by _xeno_ · · Score: 4, Informative

      The GPL isn't, actually, a "play nice" style license as such - the entire concept is that it "guarentees freedom," trying to balance the freedoms of both the creator and the user. The Free Software Foundation is about the "right to tinker" (Stallman's words at the GPLv3 release), and that includes the right to tinker with a program's data files.

      Stallman is, essentially, an idealist. He wants to save the world - and he seems to honestly believe that allowing DRM to exist would destroy free software. So he's taken a hard-line stance against DRM in the GPLv3.

      It's sort of explained in the rational behind Section 3, which I'm just going to quote outright since it's so short:

      DRM is fundamentally in conflict with the freedoms of users that the GPL is designed to safeguard, but our ability to oppose DRM by means of free software licenses is limited. In section 3 we provide developers with some forms of leverage that they can use against DRM. The first paragraph essentially directs courts to interpret the GPL in light of a policy of discouraging and impeding DRM and other technical restrictions on users' freedoms and illegal invasions of users' privacy. This provides copyright holders and other GPL licensors with means to take action against activities contrary to users' freedom, if governments fail to act.

      The second paragraph of section 3 declares that no GPL'd program is part of an effective technological protection measure, regardless of what the program does. Ill-advised legislation in the United States and other countries has prohibited circumvention of such technological measures. If a covered work is distributed as part of a system for generating or accessing certain data, the effect of this paragraph is to prevent someone from claiming that some other GPL'd program that accesses the same data is an illegal circumvention.

      --
      You are in a maze of twisty little relative jumps, all alike.
    2. Re:Shooting yourself in the foot? by tkrotchko · · Score: 3, Insightful

      Well, so what?

      The business world doesn't seem to care very much about consumer rights, only improved quarterly results.

      Why is the business approach okay?

      We had copy protection on software 20 years ago until everybody took a firm stand against it. Then it went away. Maybe its time to do the same for DRM.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    3. Re:Shooting yourself in the foot? by Kjella · · Score: 2, Insightful

      AFAIK, Linux is only under GPL v2, not under any later license. Linus, and possibly other kernel hackers, will have to grant GPL v3 status for his [their] code

      You vastly underestimate that task. Every kernel contributor, including every person who has modified a file and holds the copyright to said changes would have to grant GPLv3 status, or the GPLv3 version would have to omit them. Many of these authors are unreachable, others are quite literally dead. Rewriting those parts wouldn't be easy because they'll easily infringe on the original copyright, and any GPLv2 fans would likely make a fuzz.

      Changing the license of any community-based project is hard. RMS got an easier way with the GPLv3, but if it is too extreme and people start using GPLv2 only, not even he can fix it (not even with a GPLv4).

      --
      Live today, because you never know what tomorrow brings
    4. Re:Shooting yourself in the foot? by Kristoffer+Lunden · · Score: 2, Interesting
      We had copy protection on software 20 years ago until everybody took a firm stand against it.

      I don't know who gave you that idea, but software is very much copy protected still, and it even gets more and more agressive. I don't recall what the name is, Starforce something maybe, is on many games and probably other applications - my brother recently could not install his legally bought and paid for, expensive game because it detected that he had Daemon Tools installed.

      Here at work, we have 25ish installations of Maya that won't run unless a license server is present on the network - if the machine dies, everybodys Maya instantly closes without saving... and so on.

      There's probably some software that simply refrains from using any technical measures, and that is the smart thing to do - all protections (except online subscriptions) get circumvented anyways, so all they are doing is throwing money away, right into the pockets of the people developing consumer-hostile addons. Copy protection never works and only hurts the legitimate users, but that hasn't stopped many. It's still very common. Just like DRM...
    5. Re:Shooting yourself in the foot? by bnenning · · Score: 2, Interesting

      if anything it'll start a war between the OSS guys and DRM guys.

      Start?

      If Microsoft start screaming "The new GPL prohibits all use of DRM type software on ANYTHING you make", then Microsoft may well kill off a lot of them Linux machines.

      OSS opponents have always spouted FUD like "if you use Linux then the FSF zealots will make you release all your code"; this would be no different.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  11. Sony fiasco is related by QuaintRealist · · Score: 4, Insightful

    Broaden the meaning of this question and there is no doubt - the recent explosion of news events regarding DRM, especially the Sony issue, has hardened the opinions of many of us. Perhaps the use of GPL code did not itself have an effect, but the whole mess certainly did

    --
    Using plain ol' text since 1968
  12. Free software used to make protected products by digitaldc · · Score: 2, Insightful

    The planned anti-DRM changes to the GPL are significant because the entertainment industry regularly uses Linux-powered computers in the production process, notably for special effects and animation. In general, movie studios support DRM technology.

    It is a bit ironic that the same companies that don't want you to see their movies for free will use software that can be obtained for free to make their movies.
    I guess the entertainment industry motto is: "Why pay for it if you don't have to?"

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  13. Greater Gnu General Public Licence by Morosoph · · Score: 5, Insightful
    Restrictions on DRM are interesting, for there will be some who will want to extend the penetration of free software with an emaphasis upon programming freedom (of future programmers), and others who support the goal of general freedom.

    Linus may stick with GPL version 2 for the simple reason that he may wish to equip Linux to be able to implement hardware-based DRM. Linus is pragmatic in the straightforward sense: many Linux users will want access to DRMed material... Hence version 2, not version 3.

    Stallman is pragmatic in a more esoteric sense: the GPL version 2 has been increadibly successful. He is pitching the GPL version 3 to maximise freedom, and this blow against DRM will do exactly that. True, free software will have less penetration as a result, but the world will be a freer place for the compromise not being taken.

    From a moral angle, this clause allows programmers to restrict how the fruit of their skills is to be exploited, which is naturally within their right, as long as copyright is recognised in law.

    1. Re:Greater Gnu General Public Licence by jeremie_z_ · · Score: 2, Insightful

      "many Linux users will want access to DRMed material..."

      To access DRM material there are two different ways :
      - you circumvent the DRM which may be legal under certain laws, especially if you do it for reaching interoperability. A circumvention program can be GPLed without any kind of doubt.
      - you implement the DRM into your software, in which case, your software can't be GPLed : practically, implementing a DRM means programming a way to access a given key in certain conditions. If your program is free-as-free-speech, anyone can modify the code so the access will be given anytime.

      That's the major incompatibility between free-as-free-speech software and DRM, as put by Loic Dachary, long-time member of the FSF : "when talking of a free-as-speech DRM, either it's not a DRM, or it's not free-as-speech"

      (we took for a definition of a DRM coinciding of what they had been so far : Digital Restriction Measured, that control the use of copyrighted data.)

    2. Re:Greater Gnu General Public Licence by iabervon · · Score: 2, Informative

      I'm not so such that the particular DRM scheme that the GPL prohibits is one that kernel developers would want to support. It's prohibiting selling devices which have GPL firmware but require binaries signed with a private key that isn't included in the source, so that people can't actually install modified versions. The current draft seems to prohibit any systems which use signing and have a public key whose matching private key isn't included, but they've said that they want to fix this issue in later drafts. (So that, for example, GNU TLS could give RMS's public key as an example without giving his private key as well) Most likely, the result will be that a program which includes a public key without the corresponding private key must be modifiable to replace the public key with a different one.

      The other anti-DRM measure is that it includes a denial of the magic statement in the DMCA, such that, in case anybody thought that you could stop somebody from defeating your GPLv3-licensed copy protection by suing them under the DMCA, they're wrong. Of course, a GPL-licensed copy protection scheme is going to be easy to defeat, anyway, since all versions of the license require that the user be able to modify the code to remove it, so it couldn't really work as a practical matter. Of course, some level of DRM is fine: the user of a program should be able to prevent other people from getting the data; sending encrypted documents and maintaining privacy is a fine use for GPL software. The point is that it is the person who runs the program who can choose whether or not to include each check, not some vendor or other entity.

      So as a practical matter, the only situation in which DRM and the GPL could be used together was when a single system had a GPL portion and an immutable, vendor-chosen portion, and the vendor-chosen portion has the ability to inspect the GPL portion for changes. This isn't something that anyone who releases code under the GPL is likely to want to encourage, although there's a slim chance that people would choose the GPL over the BSD license out of curiousity, hoping to see the source to modified and distributed versions they can't actually run.

    3. Re:Greater Gnu General Public Licence by MooUK · · Score: 2, Informative

      Linus may have to stick with v2 because he cannot change the license on anything he doesn't own, and the linux kernel is licensed under v2 ONLY. It's been said elsewhere in this thread.

    4. Re:Greater Gnu General Public Licence by Arandir · · Score: 2, Insightful

      From a moral angle, this clause allows programmers to restrict how the fruit of their skills is to be exploited, which is naturally within their right, as long as copyright is recognised in law.

      But copyright is not a natural right, so it is not naturally with programmers rights to restrict how the fruits of their skills may be exploited. Legally they have the right to do so, but morally they do not. In the case of GPL advocates, who already morally condemn the concept of copyright, demanding such rights borders on the hypocritical.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  14. This is really too bad... by RingDev · · Score: 2, Insightful

    If there was one hope for an acceptable DRM solution it was the OS community. Atleast there are still many other good licenses out there that don't ban and entire field of software development.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  15. Right to read by redelm · · Score: 4, Insightful
    I'd be surprised if GPLv3 wasn't strongly against DRM, given one of Stallman's early papers Right-to-Read.Scarey stuff, and DRM has exactly these aims.

  16. I'm not so sure this is a good idea. by KingSkippus · · Score: 3, Interesting

    First of all, let me state for the record that I loathe DRM.

    That said, I'm not sure this is a good idea. What they're saying is that there is absolutely, positively no good use for DRM, and there never will be, in free software.

    To me, there's a huge difference between free software and free content, and it seems to me that this stance in GPL3 is essentailly saying that if you want to make the former, you've got to embrace the latter as well. It seems to me that it is forcing developers who would otherwise want to release their software under GPL3 to unnecessarily put restrictions (no DRM) on the content (i.e. the data) that their code may use, and I just can't see that as a good thing. What if Microsoft started programming Word so that you could never save a document that contained profanity? To me, this is pretty much the same thing. It bans the use of digital restrictions on the content? I thought the GPL was about freedom, but now it's imposing some of the very restrictions that it has traditionally railed against!

    I've thought for some time that if there were some way for free software to somehow manage to be able to protect DRM'ed content without compromising the freeness of the software code itself, that organizations such as the **AA would be at least a little more willing to work with the community instead of being so hostile. I think that one of the reasons they're so belligerent right now is because even though the open source community is right about a lot of things, they're also generally insistent that the industries give away their content for free. In other words, the two sides are both extremist points of view, with no one willing to meet somewhere in the middle.

    This article shows that those who wrote the GPL3 are simply digging in on one of the extremist sides, which will undoubtedly force the content industries to dig in yet further and commit further atrocities to harm consumers. The shame of it is that in the end, it is the users who will suffer. The content is owned by the content industry, after all, and if it is not conducive to them to work within the GPL3, they will simply not work within the GPL3, end of story. That means that all GPL3 software users and developers will forever needlessly be relegated to either continuing to operate within the fringe or living without popular content.

    1. Re:I'm not so sure this is a good idea. by _xeno_ · · Score: 3, Informative
      That said, I'm not sure this is a good idea. What they're saying is that there is absolutely, positively no good use for DRM, and there never will be, in free software.

      Actually, this came up at the GPLv3 conference. The example used was Tripwire. The general concept was that you'd sign all the binaries on your system, and then set up the kernel to only run signed binaries. If something tried to change a binary, than the signature would fail, and the program wouldn't run.

      It's unclear whether or not that would really be disallowed under the GPLv3, but it was at least brought up.

      It's worth mentioning, because Slashdot hasn't really made it clear, that the GPLv3 is not finalized yet. People who have issues with it are strongly encouraged to post comments on it and get involved with the process. The GPLv3 is currently scheduled to be finalized between November 2006 and February 2007 - the current GPLv3 is a draft, and changes can and most likely will be made to it.

      --
      You are in a maze of twisty little relative jumps, all alike.
    2. Re:I'm not so sure this is a good idea. by 0xABADC0DA · · Score: 2, Insightful

      GPL <= 2 has a critical flaw at the top, in that you can recompile the code from source, but if you can never actually run that code then having the source is completely moot. So then the counter-attack to GPL is to restrict the hardward to only booting from authorized codes. Then you restrict the system to only run authorized codes; this could come first as a "warning: running unsigned code", then require admin privileges, and then just not run. Signing could be a quick, free, automatic online process that takes just seconds -- the point is to be able to revoke ability to run programs later or to specific users (for instance the authors of troublesome software).

      Without this clause in the GPL, a company such as Intel or Dell can fork Linux, publish their code, but through signing only allow their compiles of the code to run on a system. That effectively prevents other people from changing code, so for example if it includes an audio driver that fingerprints its output and checks on the net to see if you have paid for the music then you can't play your mp3s you ripped previously. You can't remove that driver, you're stuck with it. Does that sound like open source to you?

      With Intel's new boot system that Apple is using (and is a sure bet to be the future standard) the system can be restricted to only boot from certain signed code. These systems are shipping now. In a few years it will be possible to retro-fit systems (by Congressional fiat for example) to only boot an authorized os that only runs authorized code. People should realize this before criticizing GPL 3.

      So under GPL 3 I can't make a kernel with hard-coded program keys/signatures... whoever gets my kernel code has to be able to generate and use their own. That is such an incredibly minor drawback compared to not being able to run any code at all without authorization.

  17. Re:What does GPL have to do with DRM? by tomstdenis · · Score: 2, Interesting

    The purpose of the GPL was to prevent lockin not to promote developers.

    The idea was born out of the various incompatible UNIX'es which were all proprietary and therefore able to lock people in. Run a Sparc box? Get your OS from Sun. Don't like the OS? Too bad, you can't change it or replace it, etc...

    The GPL3 being aggressive against DRM is a sane move I think. As a developer I have a right to license my software as "not for use in Japan" if I wanted. I could just as easily say "not for use with software that uses DRM".

    And frankly I don't see anything negative about it. DRM is bullshit anyways, never will protect the producer and only violates the users ability to enjoy the product as they should be able to.

    Tom

    --
    Someday, I'll have a real sig.
  18. DRM based on trust? by Arthur+B. · · Score: 4, Interesting

    since every drm schemed is eventually going to be hacked, and therefore the protection removed, not only for the ubergeeks but for everyone through file sharing systems. Since current drm imply shady business with the OS (Sony rootkit) and rights restriction (copying music between all the devices you own etc), since DRM has been critized to assume the consumers where outlaws. Then why not make a jump. I'd suggest a DRM system based on a simple RDF file indicating what the user has the right to do with the file... this file is attached to the media content. Sure, it'll be extremely easy to crack, so easy it won't even be fun. Ethic media players would read the file and tell you, this is the 10th time you've read this file. I can't read it anymore you need to buy another lease, or buy the song entirely etc.... Maybe I'm just a dreamer... after all how many sharewares, most of whom where not based on restrictions, just on nag screens after a certain period, where registered? Well maybe it's different for music, I don't know... But after all, the current DRM situation is the same with a little more obfuscation that's it... so why not?

    --
    \u262D = \u5350
  19. Sorry, no. by redelm · · Score: 4, Interesting
    When I write, it is principly to spread my ideas. Monetary compensation is secondary, if present at all. And I very much dislike reading those who write for lucre. It shows. Have you never seen an author "go bad" after early success? Clancey and Rowlings are obvious examples.

  20. The basis of rights by dada21 · · Score: 3, Interesting

    I have the strong opinion that the word "rights" is being abused significantly by pretty much everyone inside and outside of industry. Rights to education, rights to health care, rights to fair use.

    I'm not sure that the word "rights" should be used anymore, the meaning is lost.

    To me, rights are something every person is born with -- inherent, God-given, natural, you call it what you want. I believe we are born as human, we have these rights -- American, Afghani, Zimbabwian. I believe the initial U.S. Constitution as very good about naming SOME of the rights that we're born with (no government can tell us what to say, which religion we practice if any, they can not search our body or our house without very specific details laid out to a public witness, they can't quarter troops in our homes, they can't make us testify against ourselves, etc, etc). These rights are the people's, all the people's, and they're not to be abridged by any government. These rights are also ours on our property to modify in respect to others (you have none of these freedoms when you are on my land).

    The entire copyright issue is very complex for most people -- many loopholes and priviledges given to some but not others. I don't like unequal rules when they are put in the law. I especially don't like unequal rules that no one can understand with a lawyer. As some know here (and I really don't want to debate it on this forum), I am against copyright in every form -- I believe that once you have a physical item in your hands, you can do with that physical item what you want -- copy it, modify it, call it your own. The physical item is "protected" by inherent property rights as long as the original owner keeps it with him. It is like gold or diamonds. The minute they sell or barter away the physical item, it is now the new owner's item to do with as they please. PHYSICAL property can be protected, but intellectual property is thought, it is action, it is processing, updating and recreating.

    Now we get to fair use. First, we the People give government the ability to lay down a monopoly rental to another person or corporation -- copyright. We let them control how we use a specific item, who we use it with, and what we can and can't do. This is a law, with force being used if we ignore it. Then we give "the People" the right to work around this rented monopoly, given some very peculiar reasoning. Copyright was intended to be useful for 7 years (which can be doubled) in order to further the arts -- it was not there to necessarily protect a profit or a demand complete control forever.

    This is my big problem with "rights" today -- we can give them up and have to walk a very complicated path, but we also get some parts back in order to try to fix that complicated path but it just ends up being even more complicated.

    If you won't agree with me that freedom is better than tyranny, how about you folks who love big government mandate a state-paid lawyer to follow around anyone who wants one, so we can live without the fear of jail or fines?

  21. Easy Way Out by _Hiro_ · · Score: 3, Insightful

    For those who aren't fond of the changes to the GPL from v.2 to v.3, why not just vet your complaints about v.3 with a structured rebuttal, and then go on developing v.2 software until it's fixed or something better comes along?

    Also, there are plenty of "Open-Source" Licences. (MPL, LGPL, BSD, CopyCat, etc.) Is there something the GPL v.3 does that the others (GPL v.2 included) don't do?

    --
    -Pope Peter Porker, S.O.W., K.M.K.R., U.G.O.A., F.S.G.S.D.
  22. whether or not the license says it... by QunaLop · · Score: 4, Insightful

    ...you cannot have drm in oss, it just is not possible. if your software can render it, which involves processing the drm (decrypt, etc) then you can remove the drm pretty much just as easily and since the rendering code is there for everyone to see, the is trivial to adjust the app to play to disk.

  23. Feels overbroad by augustz · · Score: 2, Interesting

    I'm as much against many of the DRM schemes (and more importantly the way they actually get carried out) as the next person.

    That said, I think this is a mistake.

    Under GPLv3 can I crate a xen node0 and tie it with hardware DRM so only that hypervisor boots? That's the path to a secure node0?
    Could I use DRM type technology to avoid leaking client data I'm required to collect at my place of business?

    What people forget is that DRM technology can be used in many ways. To destroy privacy and restrict rights, or to insure privacy and protect rights.

    I can think of lots of areas (patents) that the GPL could have been improved / touched-up other than taking the hard DRM line.

    1. Re:Feels overbroad by oneandoneis2 · · Score: 2, Informative

      RTFA: GPL software cannot use "digital restrictions" on copyright material

      Is your hardware copyright material? No? Then you can do what you like, can't you?

      --
      So.. it has come to this
  24. Take it easy, fellas by stinerman · · Score: 3, Insightful

    I'm reading a bit too much along the lines of "ZOMG no 1 will use teh softwares with GPL3" or "there's politics in my software!".

    Here's the dish:

    You don't like GPL v3? Don't use it. GPL v2 will still exist. In fact, I'm betting Linux (the kernel) won't ever be available under the GPL v3. I would be happy to use the new GPL since I enjoy such a license. If you don't like the new stuff added in, feel free to use GPL v2 software. More licenses == more choices. I don't see the problem here. BSD and GPL currently co-exist just fine. I'm sure BSD, GPL v2, and GPL v3 will do just the same.

  25. This affects content creation only by jdoeii · · Score: 3, Informative

    The proposed restriction would affect software for the content encryption only, i.e. the server side of the DRM.

    Suppose, someone made a GPL 2 compliant DRMed book reader. The reader comes with the source, so there is no possibility of security through obscurity, the source can be modified and recompiled. In order to read the DRMed content it must be decripted. That means a secret key has to be given to the user, and passed to the reader. The source for the reader is available and can be modified to save the key or the decrypted copy. Consequently, GPL2 is sufficient to make client-side DRM ineffective.

    Client-side DRM software, at least in its present form, depends on the closed source software, on obscurity. GPL3 restriction would only affect content creation, the encryption part of the DRM.

    Hardware-assisted DRM may be different, but I can't see it right now.

  26. On the source of rights... by meringuoid · · Score: 5, Insightful
    You say that human rights are something we are born with. Something inherent, inalienable, natural, perhaps even God-given.

    Something we have simply by right of being alive is something we will hold cheaply and assume will always be there, like the air we breathe.

    Our rights are not God-given or inherent to ourselves. Nor are they granted to us by the benevolence of our rulers. Our rights were taken from our rulers, by force. Among all our ancestors were rebels and traitors, terrorists and pirates, mutineers and heretics and unionists and blackguards and revolutionaries and blasphemers and barbarians, and it is their struggle that we have to thank for the freedom we enjoy today. They fought against kings and barons, against tycoons and industrialists, against priests and popes, and they set themselves and their descendants free.

    When you give up a freedom to the state, or to the establishment, or to the company, you aren't giving up something that is yours to give away that you've had all your life and which you got for nothing. You're giving up something bought by the blood of countless rebels over the centuries. You're betraying the sacrifices made by your ancestors.

    A right we think is inalienable we will neglect and soon lose. A right we know was won by our ancestors through hardship and struggle we will defend forcefully.

    --
    Real Daleks don't climb stairs - they level the building.
  27. Restricting Use? by Wannabe+Code+Monkey · · Score: 4, Insightful

    I absolutely hate DRM and believe that the DMCA should be repealed. I also believe there should be laws stating that no one should be able to place digital locks on material that a user has certain rights to which the locks curtail.

    However, I really don't know about this change in the GPL. I thought one of the things the GPL wanted to avoid were the extra clauses about what you could and couldn't use the software for. I seem to remember people who would write "free" software with the license almost identical to the GPL but then add things like "No one in the US Military is allowed to use this software." I was under the impression that people who truly wanted Free and Open Source Software to prevail were against these kinds of restrictions...

    --
    We always knew Comcast was corrupt, here's the proof: http://tech.slashdot.org/comments.pl?sid=1909890&cid=34545432
    1. Re:Restricting Use? by StrawberryFrog · · Score: 3, Interesting

      I thought one of the things the GPL wanted to avoid were the extra clauses about what you could and couldn't use the software for.

      I see your point, but it's also an important feature of the GPL that you cannot used GPL'd software to lock a customer into a single vendor's product (since you must supply the source and allow forks). What else is DRM except lock-in?

      --

      My Karma: ran over your Dogma
      StrawberryFrog

  28. Exactly - but what is the basis of rights by fnj · · Score: 3, Interesting

    To me, rights are something every person is born with -- inherent, God-given, natural, you call it what you want.

    The Creator doesn't give anybody any rights. They can't be inalienable because they don't exist. Does the lamb have a right not to be eaten by the lion? The caveman by the bear? The woolly mammoth not to be slain by the caveman? Nope. Quite the contrary. The setup in the natural world is carefully designed or naturally evolved (take your pick) to confer benefit to the strong, the clever, and the ruthless. Everywhere there is competition for scarce resources.

    If the whale is to have a right not to be processed by man for food and other products, it can only be because man chooses to confer and protect this right. No deity has ever done so.

    The baby born with a heart defect has no right to life conferred by nature or Creator. Without man's interest and intervention, it will die quickly.

    If man is to enjoy rights, it can only be because man promulgates and protects these rights.

    Knowledge "wants" to be free in a metaphysical sense, but it's not going to happen without the efforts of men to undo the efforts of other men to chain knowledge.

  29. What it ACTUALLY forbids: by oneandoneis2 · · Score: 5, Informative

    Some of the comments are nonsense like applying this to file permissions. So before you flame the decision, read it. Excerpt from the GPL:

    As a free software license, this License intrinsically disfavors technical attempts to restrict users' freedom to copy, modify, and share copyrighted works. Each of its provisions shall be interpreted in light of this specific declaration of the licensor's intent. Regardless of any other provision of this License, no permission is given to distribute covered works that illegally invade users' privacy, nor for modes of distribution that deny users that run covered works the full exercise of the legal rights granted by this License.

    In other words: This applies only to DRM that attempts to block copying of copyright material. Not Trusted Computing, not file permissions, not anything else.

    Ok?

    --
    So.. it has come to this
  30. Upset about the new GPL? by JackDW · · Score: 4, Informative
    Perhaps you don't like RMS's clearly political meddling here - what is he doing, trying to control what the GPL is all about, and making it oppose DRM?

    Well, it's not really a change. In spirit, the GPL has always opposed DRM. DRM, like proprietary software, takes away the control and freedom of choice that an end user should enjoy, and gives it to someone else. The GPL has always stood against the effects of proprietary software, on behalf of programmers and expert users. Now, it stands against those effects on behalf of every computer user too. Companies have an ethical choice when it comes to DRM, and I do hope that the actions of the FSF will serve to highlight this.

    --
    You're an immobile computer, remember?
  31. It's about freedom by Marillion · · Score: 5, Insightful
    Bruce Schneier once said, "Making bits uncopyable is like making water not wet." DVD Jon pointed out the the purpose of DRM isn't to prevent copying. Its purpose is to place constraints on the decoder.

    RMS started his crusade long before anyone heard of Microsoft when a printer manufacturer wouldn't give him the source code for a printer driver so he could fix the bugs that were preventing it from working on the computer he was using. RMS is about preventing artificial limits on a computers ability to meet the needs of its users.

    Over the years the artificial limits have included the unavailability (hoarding in RMS-speak) of source code and patents. Adding DRM is the next logicial addition.

    --
    This is a boring sig
    1. Re:It's about freedom by JoeBuck · · Score: 4, Informative
      While RMS tells the printer driver story in all his speeches, that's not really what kicked off his crusade.

      When Symbolics, Inc. hired away almost all of his colleagues at the MIT AI Lab and had them make all their extensions to the MIT code proprietary, RMS went on an incredible hacking binge, single-handedly duplicating the work of an entire small company and making all his code free. At his peak, he demonstrated that he could out-code whole teams of world-class experts (as long as we're talking about Lisp coding). The problem is, at the time he hadn't thought of copyleft yet; the Symbolics people could use his code; he could not use their code.

      He needed copyleft to be able to compete with proprietary software developers and have a chance of winning. Same deal with Linux.

  32. Re:Great Firewall of China? by bjheu · · Score: 2, Informative

    I think it's an issue of enforceability. Freedom is relative given what area of the globe you are in. In the U.S for example we have the right to freely speak against our government, in China that is not a guaranteed right. Therefore by the letter of the law there is nothing that a software license can do about it. Also what's to keep foreign countries from ignoring a U.S. Copyright law or two?

  33. Re:What does GPL have to do with DRM? by metamatic · · Score: 2

    The problem is that a number of companies provide the source code, without actually providing you with enough information to use it.

    For example, my TiVo is Linux based, but the hardware has DRM to stop me running binaries I build myself. So even though I have the source, I don't have the freedom to use it.

    It's pretty clear that the intent of the GPL was always to make sure users could change and use the software themselves. So this is only strengthening the original intent, by emphasizing that the "and use" part is important.

    It's the same concern with DRM on content. A company could sell a media player with DRM and GPL firmware, but the law would prohibit you from modifying the software and using your modified version.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  34. The GPL HAS to say something against DRM by TekGoNos · · Score: 3, Interesting

    While I'm against the concrete form choosen in version 3, DRM is a real problem for the GPL, as the DMCA goes against the very spirit of the GPL.

    I could use GPLed software and create a DRM program with it. Normally, everybody can modify it, right?

    Well, perhaps not : as it is a protection measure, I can try to sue everybody that does modify it under the DMCA, claiming that any modification to my software lessens the protection, and therefor infringes the DMCA (IANAL, so I'm not sure if this could succeed). So, by declaring my software to be a DRM, I could basicly prevent anybody from modifying it.

    Worse, not only I, but if it is a general purpose DRM system, any author of content protected by this DRM could sue you if you modify the software.

    The DMCA creates a huge mess : normally illegal actions done with software (even if it is modified GPL-software) are, of course, illegal. But with the DMCA, modifying software itself can be illegal, even if no other illegal act is commited (exemple : excercising fair use rights).

    So, the GPL would like to say that modifying (and using) GPLed software is never illegal in itself, only if another illegal act is commited.

    Why I'm against the form choosen in the GPLv3 : it only adresses the DMCA in it's current form (and even then, I'm not sure, if it will stand up in court), but with a new law, modifying GPLed software can become illegal again. And the licence will always be behind the law.

    --
    I have discovered a truly remarkable proof for my post which this sig is too small to contain.
  35. Re:GPL 3: non-neutral agenda by ajs318 · · Score: 2, Insightful

    In a society where all are free to keep slaves, the "mean freedom per capita" is likely to be rather less -- especially amongst the poorest members of that society -- that in a society where slavery is forbidden, even although the "freedom" to keep slaves has been infringed across the board.

    The GPL is designed to preserve users' freedoms. Closed-source software and obnoxious DRM are basically electronic forms of enslavement. RMS gets this, and says the Four Freedoms of users are more important than the false freedom of developers to dictate terms for the use of their programs. Exactly the way that my freedom to walk down the streets of Britain and know that nobody is carrying a live firearm that could be used against me is more important than some gun nut's freedom to keep lethal weapons just in case civilisation happens to break down. {If and when that ever happens, I know how to make a gun anyway; but it's unlikely enough that I'm not worried about it.}

    --
    Je fume. Tu fumes. Nous fûmes!
  36. Of, GPL, DRM and DMCA by 10Ghz · · Score: 3, Interesting

    I think the idea of the DRM-clause is as follows: If someone uses GPL'ed code in DRM'ed product, they are agreeing that the DRM on their product is not a "strong technological protection". What does that mean? It means that they can't use DMCA to sue users who circumvent the DRM. DMCA makes it illegal to circumvent "strong technological protection". If they use GPL'ed code, they are saying that their DRM is not strong, and therefore circumventing that DRM is not against the DMCA.

    It's brilliant, really.

    --
    Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
  37. I'm split on the issue... by Second_Derivative · · Score: 3, Interesting

    There are those who would utterly abolish copyright. To be honest I'm almost in agreement with them. The balance has swung over to absolutely ridiculous extremes.

    * Music: Music has existed since the dawn of civilisation. Those who enjoy music enough will continue to produce it whether or not people will pay them handsomely for their efforts. If they no longer make more money in a day than a surgeon in the emergency room makes in a whole year, well, somehow I find it hard to feel sorry for them.

    * Software: Some software needs can be met with open source software. More specialist "unsexy" software will again continue to be needed. Whoever needs it enough can enter into a contract with someone to develop it, under as strict a set of safety standards as is necessary for things like aircraft and nuclear reactors if needs be. Isn't the vast majority of all software written for internal use? If this software gives you a critical edge over a competitor it can be protected as a trade secret instead.

    * Books: Same as music, even moreso. Anyone with a word processor can potentially be an author, although if you look at the volume of utter drivel on say fanfiction.net it might become a bit hard to sort the wheat from the chaff for a while. Again, better to have geniunely good material float to the top than have the usual pop crap pushed down everyone's throats because it's a lazy man's substitute for taste.

    * News: Tricky. "the blogosphere" these days is mostly about juvenile navelgazing, and I personally would certainly not rely on it. Still, if News Corp et all fell into the dust, if something big caught on fire I imagine many people would be giving consistent reports of the fact within minutes online, as opposed to front page articles of who's fucking who in the celebrity world as we usually have (although we wouldn't see quite so many celebrities in the first place; see above).

    * Cinema: There are lower barriers to entry these days thanks to powerful commonplace audio/video hardware and the obscene computing power of a medium-sized pile of desktop PC's these days. Still, this could be tricky. You would need some sort of wealthy societies to bankroll massive cinematic productions. You wouldn't get too many projects like Lord of the Rings springing up because a bunch of people down the pub with 1000 of their highly qualified mates decided it might be fun to set up tons of production equipment and render farms down in New Zealand for a laugh...

    On balance though I'm having trouble seeing the benefit of copyright other than the fact that it makes a small group of people with an arguably marginal contribution to society disproportionately rich. Considering the recent abuses of the copyright lobby (DMCA and such) we do seem to be making some ridiculous "tradeoffs" as of late.

  38. DRM will persist by dazedNconfuzed · · Score: 2, Insightful

    Unfortunate reality is that DRM is a necessity to many companies. When a studio dumps $100,000,000 into a movie, times 100 movies a year, DRM is going to happen whether us end users like it or not. Total elimination of DRM from a movie studio is not an option; switching from Linux to Windows to keep DRM is an option for them.

    As Godel noted, there is an unresolvable issue in every system. As you note, the unresolvable issue in Stallman's GPL3 is the "no DRM anywhere ever" vs. "DRM is a fact of life - cope" vs. "no OSS for you" - pushed to its logical limits, Stallman's ideology makes it untenable in the real world. Getting banned from playing in sandbox A because you play in sandbox B discourages people from playing in B ... aka GPL3.

    --
    Can we get a "-1 Wrong" moderation option?
  39. Undoing effective DRM consistent with GPLv2 goals by lordcorusa · · Score: 2, Insightful

    Except users will no longer have the freedom to build DRM software using GPL'd code.

    What is the difference between the GPL and the modified BSD license, or the MIT license? Some groups claim that the latter two licenses are more free than the GPL. In one sense, they are correct. The GPL puts certain restrictions on redistribution, whereas the other two licenses put virtually no restrictions.

    You are correct that RMS has previously argued that there should be no "anti-suchandsuch" political clauses in the GPL. RMS believes that users should be free to do anything with the software. Thus, your view is correct, but not complete!

    In fact, RMS has always stated that users should be free to do anything with the software, except restrict other users' freedom to do anything with the software. That was the whole point of the restrictions in the GPLv2.

    When you look at it in this light, you realize that forbidding effective DRM is in fact consistent with the philosophical aims of the GPLv2, because DRM is nothing more than a way of restricting a user's freedom to do whatever he wants with the software. However, this draft of GPLv3 makes this explicit, because DRM-protecting laws like the DMCA have become so dangerous to Free Software.

    Furthermore, your basic premise is in fact false. This draft of GPLv3 still allows programmers to write software that encodes or decodes DRM-wrapped file formats. However, this draft of GPLv3 legally defines any such software as not "an effective technological protection measure". These words have a specific legal meaning. The DMCA legally forbids a user from circumventing an effective technological protection measure; as such, if a piece of GPLv2 software implements a DRM-wrapper, it would be illegal under the DMCA to modify the software, even though the GPLv2 otherwise grants you that right. With this draft of the GPLv3, by defining the software legally as not "an effective technological protection measure" the DMCA will never be invoked, and the user is free to excersize his freedom by modifying the software.

    --
    The preceding comments reflect the author's personal opinion and are public domain, unless explicitly stated otherwise.
  40. Re:here's a thought ... by ctid · · Score: 2, Interesting
    IE: if you use GPL software
    to make YOUR software, you CANNOT DRM your software without being
    in violation of the GPL. Now how would that play out in court?

    Nothing has changed here. In the past, there would have been an argument in court about this. Now there is no doubt at all. Certain forms of DRM make it impossible for a downstream recipient of the code to legally rebuild a usable version of GPLed software. The DMCA means that the downstream recipient who tries to get around this could be prosecuted for trying to circumvent a technical protection measure. The new formulation in GPLv3 simply clarifies that this is incompatible with the aims of the licence, so if you want to incorporate DRM into someone else's GPLed code, you are acknowledging that your DRM does not constitute a TPM so someone who tries to break it doesn't fall foul of the DMCA. There is a lot of hysteria about this, which is not justified in my opinion. DRM backed by the DMCA was always incompatible with the goals of the GPL. In the past they might have had to go to court to argue that the goals of the licence make it clear that DRM is in violation of licence; after GPLv3 there can be no doubt about this issue and it would not require a trip to court to establish the fact. (I am not a lawyer).
    --
    Reality is defined by the maddest person in the room
  41. Oh well, so much for the GPL 3... by briancnorton · · Score: 2, Insightful

    This is stupid. This impulsive, reactionary move will do nothing but cripple it's usage in any commercial application. Forget about tivo and the millions of titles that have CD-ROM protection through safedisc or macrovision, but this cuts out any possible commercial media delivery to GPL'd software. No iTunes, no DVDs, HD-DVDs, or any of the new wave of on-demand or streaming media. Great idea FSF, why don't you do an encore of punching yourself in the nuts?

    --

    People who think they know everything really piss off those of us that actually do.

  42. I like what they are doing here by jonwil · · Score: 2, Insightful

    Basicly, they are saying in GPL v3 that if you release code under GPL v3, you cannot sue someone else for looking at your code and using either the code or the information to read, write, encode, decode, encrypt, decrypt or otherwise work with the data files your code works with.

  43. In other news... by eosp · · Score: 2, Funny
    BEAVERTON, OR (AP) - A large group of angry Linux users surrounded the home of Linus Torvalds, demanding that password support be put back into Linux. However, according to Torvalds, this would violate the terms of the GNU General Public License, saying that such "digital restrictions" would prevent well-meaning users from accessing their computers.

    Meanwhile, a large number of sites, including the popular search engine Google, have been defaced by hackers claiming to come from a team called Micros^H^H^H^H^Hammon.

  44. Re:MOD PARENT UP by orac2 · · Score: 2, Interesting

    First, kudo's on your careful quoting, you just don't see that enough on slashdot. Secondly, I guess we're in broad agreement on the key points: total bans against a technology per se is dumb and the GPL v.3 needs to be better worded.

    I think though I can imagine non-evil situations where it would be good for even an Administrator to accept 3rd party restrictions on data: for example, a distributed computing project where the 3rd party project mangers wanted to guard against data tampering or duplication. SETI@home solved this problem in other ways, for example by leveraging its huge user base to process blocks multiple times, but you could imagine that DRM might help with that. Or giving researchers limited access to medical data: after an ethics committe approves their project, a research team could be sent a DRM'd copy of $Hospitals complete medical records to data mine, but they can't pass those records on to another unapproved group, except in piecemeal fashion, or perhaps access could be automatically expired at the end of the investigation, reducing the likliehood of a privacy leak.

    I guess what I'm trying to say is that even trying to specify non-technical effects and ends might prove horribly difficult and perhaps better suited to other forums, such as legislative efforts, than the GPL.

    I think it's also worth noting that at CES, there was a panel of congressmen discussing digital rights issues, all of whom happened to be Republicans, and all of whom seemed to agree the DMCA was flawed, in that it didn't accomodate Fair Use properly, and were thinking about legislative changes, so the GPL v.3 language may end up being moot anyway.

    --
    "Just once, I'd like to meet an alien menace that wasn't immune to bullets." -- The Brigadier, Dr. Who